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Fieri Facias
A ''fieri facias'', usually abbreviated ''fi. fa.'' (Latin for ''that you cause to be made''), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. The term is used in English law for such a writ issued in the High Court. Some jurisdictions in the United States also employ this writ, such as the Commonwealth of Virginia. England and Wales It is addressed to the sheriff or High Court enforcement officer, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. ''Fieri facias'' writs could be obtained in England and Wales to enforce judgment debts (both High Court and County Court) in excess of £600. In April 2014, the writ was renamed a writ of control as part of the Tribunals, Courts and Enforcement Act 2007. (The exception being ''fieri facias de bonis ecclesiasticis'', which concerns seizure of ecclesiastical property.) This wr ...
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Latin (language)
Latin ( or ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken by the Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, including English, having contributed many words to the English lexicon, particularly after the Christianization of the Anglo-Saxons and the Norman Conquest. Latin roots appear frequently in the technical vocabulary used by fields such as theology, the sciences, medicine, and law. By the late Roman Republic, Old Latin had evolved into standardized Classical Latin. Vulgar Latin refers to the less prestigious colloquial registers, attested in inscriptions and some literary works such as those of the comic playwrights Plautus and Terence and the author Petronius. While ...
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Tribunals, Courts And Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 (c. 15) is an act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as '' fieri facias'', ''replevin'' and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as ...
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Legal Documents With Latin Names
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, j ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. '' Possession'' is the actual holding of a thing, whether or not one has any right to do so. The '' right of possession'' is the legitimacy of possession (with or wi ...
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Foreclose
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually, a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediatel ...
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Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land improvement, improvement or Fixture (property law), fixture) to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law (legal system), civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls ...
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County Registrar
A county registrar () is an official attached to the Irish Circuit Court who carries out a number of quasi-judicial and administrative functions regarding the functioning of the court within their assigned county or counties. The county registrar has responsibility for the administration and management of the circuit court offices in each county. These quasi-judicial functions of a county registrar in the Circuit Court are similar to those of the Master of the High Court in the High Court. Other roles Except in Dublin and Cork, the county registrar is also the sheriff and responsible for the enforcement of court orders and acts as returning officer for all referendums and elections. Appointment County registrars are appointed by the government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (gove ...
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Sheriff (Ireland)
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is commonly translated to English as ''sheriff''. Description In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dublin and Cork, sheriffs are legal officials similar to bailiffs. * In the United States, a sheriff is a sworn law enforcement officer whose du ...
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High Court (Ireland)
The High Court () of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President, as Article 35 dictates. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the ...
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Republic Of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. Its capital city, capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is Countries of the United Kingdom, part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east and the Irish Sea to the east. It is a Unitary state, unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President of Ireland, president () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (prime minister, ), ...
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The National Archives (United Kingdom)
The National Archives (TNA; ) is a non-ministerial government department, non-ministerial department of the Government of the United Kingdom. Its parent department is the Department for Culture, Media and Sport of the United Kingdom, United Kingdom of Great Britain and Northern Ireland. It is the official National archives, national archive of the UK Government and for England and Wales; and "guardian of some of the nation's most iconic documents, dating back more than 1,000 years." There are separate national archives for Scotland (the National Records of Scotland) and Northern Ireland (the Public Record Office of Northern Ireland). TNA was formerly four separate organisations: the Public Record Office (PRO), the Royal Commission on Historical Manuscripts, Historical Manuscripts Commission, the Office of Public Sector Information (OPSI) and Office of Public Sector Information, His Majesty's Stationery Office (HMSO). The Public Record Office still exists as a legal entity, as ...
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UK Statute Law Database
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official Web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. Established in the early 2000s, it contains all primary legislation in force since 1267 and all secondary legislation since 1823; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 fully updated and searchable. New Statute Law Database In December 2008, the Statute Law Database team transferred to The National Archives, which meant the responsibility for the Office of Public Sector Information and SLD websites became the responsibility of one department. A major consideration of the transfer was to enable the rationalization of the two websites in order to provide one point of access to all UK legislation and in doing so reduce duplication in effort, inc ...
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